Is it obligatory or preferable to withhold testimony regarding a Hadd offense?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
It is recommended (Mustahabb) not to bring forth testimony concerning a Hadd offense. This is supported by the saying of the Prophet (peace be upon him): "Whoever covers the private fault (awrah) of a Muslim in this world, Allah will cover his fault in this world and the Hereafter." However, enacting the testimony is permissible based on the verse: {And call to witness against them four witnesses from among you} [Quran 4:15]. Furthermore, when testimony for Hadd was given during the time of the Prophet (peace be upon him) and his Companions, it was not repudiated.
Supporting text
It is recommended for the Imam and others to hint at refraining from giving testimony. This is supported by the statement of Umar to Ziyad, expressing a hope that Allah does not disgrace one of the Companions of the Messenger of Allah through him. Since refraining from testifying is considered superior (Afdal), pointing towards this virtue is permissible.